Advertisement
Advertisement
Skip to content
Follow Us on
Advertisement
TOP STORIES
Corporate Law

Arm-Twisting by Employer Invalid – HC Says No Waiver of Rights Under Pressure

Case Law Details

TaxGuru Citation
2025 taxguru.in 9071
Case Name
Ranjit Singh Vs State of Punjab And Others (Punjab And Haryana High Court)
Date of Judgement/Order
Only available for paid members
Advertisement


Ranjit Singh Vs State of Punjab And Others (Punjab And Haryana High Court)

Arm-twisting tactics – No waiver of rights under duress – Exploitative Coercive undertakings obtained by employers are void – Punjab & Haryana High Court upholds constitutional protection against arbitrary employment practices- Past service to be counted for pension & regularisation

Factual Background

The Petitioner, Ranjit Singh, was appointed as a Tubewell Operator in the Municipal Council, Khanna on 14.09.1992. His services were regularised on 29.12.1994 upon completion of 240 days of service as per Government instructions dated 19.12.1993. However, his services were terminated on 29.03.1994 without any show-cause notice or inquiry.

Aggrieved, the Petitioner approached the Industrial Tribunal, Ludhiana, which on 28.07.2011 directed reinstatement with continuity of service and full back wages. Despite this binding award, the Municipal Council refused to reinstate him unless he gave up his claim to arrears and past benefits. To regain employment after 17 years of struggle, the Petitioner, under pressure, submitted an affidavit dated 02.11.2011 agreeing not to claim arrears. The Council then reappointed him as a fresh appointee on 24.09.2011. When he later requested that his service from 1992 to 2012 be counted for regularisation and pension, his plea was rejected by order dated 03.03.2025, leading to this writ petition.

Paid content

Become a Basic or Premium Member, or log in if you are already a Basic or Premium member.

Advertisement

Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 6,126

Join TaxGuru's Network for the latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.